PRINTER'S NO. 1281
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
969
Session of
2021
INTRODUCED BY ARGALL, GEBHARD, FONTANA, KANE, MARTIN, STEFANO,
SCHWANK, CAPPELLETTI, MENSCH AND MUTH, DECEMBER 14, 2021
REFERRED TO EDUCATION, DECEMBER 14, 2021
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for administration of
emergency anti-seizure medication.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XIV-C
ADMINISTRATION OF EMERGENCY
ANTI-SEIZURE MEDICATION
Section 1401-C. Short title of article.
This article shall be known and may be cited as the Emergency
Anti-Seizure Medication Law.
Section 1402-C. Legislative findings and intent.
The General Assembly finds and declares that:
(1) It is the policy of this Commonwealth to promote the
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health, safety and general welfare of the people by
establishing voluntary medical training to treat pupils with
diabetes who are suffering from severe hypoglycemia.
(2) It is the policy of this Commonwealth to promote the
health, safety and general welfare of the people by
permitting a school district, county office of education or
charter school participation in a program to provide, in the
absence of a credentialed school nurse or other licensed
nurse onsite at the school or charter school, emergency
medical assistance to pupils with epilepsy suffering from
seizures.
(3) In order to meet that goal, it is the intent of the
General Assembly that licensed health care professionals
train and supervise employees of school districts, county
offices of education and charter schools to administer an
emergency anti-seizure medication to children with epilepsy
in public schools. The American Academy of Pediatrics and the
Epilepsy Foundation of America support training of school
employees to administer an emergency anti-seizure medication
and believe that an emergency anti-seizure medication may be
safely and effectively administered by trained school
employees.
(4) It is the intent of the General Assembly that
individuals with exceptional needs and children with
disabilities under the Americans with Disabilities Act of
1990 (Public Law 101-336, 104 Stat. 327), the Individuals
with Disabilities Education Act and section 504 of the
Rehabilitation Act of 1973 shall have a right to an
appropriate educational opportunity to meet these
individuals' unique needs, and that children suffering from
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seizures due to epilepsy have the right to appropriate
programs and services that are designed to meet the
children's unique needs.
Section 1403-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"504 plan." A plan created under section 504 of the
Individuals with Disabilities Education Act.
"Emergency anti-seizure medication." Diazepam rectal gel or
a similar remedy, Nayzilam nasal spray or a similar remedy,
vagus nerve stimulator magnets and other emergency medications
and treatments approved by the Federal Food and Drug
Administration for patients with epilepsy for the management of
seizures by persons without medical credentials as required by
the Commonwealth.
"Emergency medical assistance." Administration of an
emergency anti-seizure medication to a pupil suffering from an
epileptic seizure.
"Individuals with Disabilities Education Act." The
Individuals with Disabilities Education Act (Public Law 91-230,
20 U.S.C. § 1400 et seq.).
"Rehabilitation Act of 1973." Rehabilitation Act of 1973
(Public Law 93-112, 29 U.S.C. § 701 et seq.).
Section 1404-C. Administration of emergency anti-seizure
medication.
(a) Nurse administration.--Emergency anti-seizure medication
may be administered by a school nurse or licensed vocational
nurse who has been trained in anti-seizure medication
administration.
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(b) Nonmedical employees administration.--
(1) In the absence of a credentialed school nurse or
other licensed nurse onsite at the school or charter school,
a school district, county office of education or charter
school may elect to participate in a program to allow
nonmedical employees to volunteer to provide emergency
medical assistance upon request by a parent or guardian.
(2) A school employee with voluntary emergency medical
training shall provide emergency medical assistance in
accordance with guidelines approved and provided on the
department's publicly accessible Internet website and the
performance instructions as specified by the licensed health
care provider of the pupil.
(c) Exception.--A school employee who does not volunteer or
who has not been trained in emergency medical assistance may not
be required to provide emergency medical assistance.
(d) Parental or guardian request.--
(1) If a pupil with epilepsy has been prescribed an
emergency anti-seizure medication by the pupil's licensed
health care provider, the pupil's parent or guardian may
request the pupil's school to have one or more of the
school's employees receive emergency medical assistance
training as specified under subsection (e) in the event that
the pupil suffers a seizure when a nurse is not available.
(2) Under section 504 of the Rehabilitation Act of 1973,
and the Individuals with Disabilities Education Act, upon
receipt of the parent's or guardian's request as specified
under this subsection, the school or charter school shall
notify the parent or guardian that the child may qualify for
services or accommodations under a 504 plan or an
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individualized education program, assist the parent or
guardian with the exploration of that option and encourage
the parent or guardian to adopt that option if it is
determined that the child is eligible for a 504 plan or an
individualized education program.
(3) The school or charter school may ask the parent or
guardian to sign a notice verifying that the parent or
guardian was given information about section 504 of the
Rehabilitation Act of 1973 and the Individuals with
Disabilities Education Act and that the parent or guardian
understands the right to request a 504 plan or an
individualized education program at any time.
(4) If the parent or guardian does not choose to have
the pupil assessed for a 504 plan or an individualized
education program, the school or charter school may create an
individualized health plan, seizure action plan or other
appropriate health plan designed to acknowledge and prepare
for the child's health care needs in school. The plan may
include the involvement of a trained volunteer school
employee or a licensed vocational nurse.
(e) Training.--In training employees as specified under this
article, the school district, county office of education or
charter school shall ensure:
(1) That a volunteer employee receives training from a
licensed health care professional regarding emergency medical
assistance. If the volunteer employee has not provided
emergency medical assistance within the prior two years and
there is a pupil enrolled in the school who may need the
administration of an anti-seizure medication, the volunteer
employee shall attend a new training program to retain the
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ability to provide emergency medical assistance.
(2) That an agreement by an employee to provide
emergency medical assistance is voluntary and an employee of
the school or charter school, an employee of the school
district, county office of education or the charter school
administrator, may not directly or indirectly use or attempt
to use the employee's authority or influence for the purpose
of intimidating, threatening, coercing or attempting to
intimidate, threaten or coerce an employee who does not
choose to volunteer, including direct contact with the
employee.
(3) That an employee who volunteers under this section
may rescind the employee's offer to provide emergency medical
assistance up to three days after the completion of the
training. After that time, a volunteer may rescind the
volunteer's offer to provide emergency medical assistance
with a two-week notice, or until a new individual health plan
or 504 plan has been developed for an affected pupil,
whichever is sooner.
(4) The school or charter school shall distribute an
electronic notice no more than twice per school year per
child to all staff, that states the following information in
bold print:
(i) A description of the volunteer request, stating
that the request is for volunteers to provide emergency
medical assistance in the absence of a school nurse, and
that the emergency anti-seizure medication is an FDA-
approved, predosed, rectally administered gel, nasal
remedy or magnet therapy for those with a vagus nerve
stimulator that reduces the severity of epileptic
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seizures.
(ii) A description of the training that the
volunteer will receive under paragraph (1).
(iii) A description of the voluntary nature of the
volunteer program, which includes the information
described in paragraph (2).
(iv) The volunteer rescission time lines described
in paragraph (3).
(5) The electronic notice described in paragraph (4)
shall be the only means by which a school or charter school
solicits volunteers.
(f) Timing.--An employee who volunteers as specified under
this section may not be required to provide emergency medical
assistance until completion of the training program adopted by
the school district, county office of education or charter
school, and documentation of completion is recorded in the
employee's personnel file.
(g) Liability.--If a school district, county office of
education or charter school elects to participate as specified
under subsection (b), the school district, county office of
education or charter school shall ensure that each employee who
volunteers shall be provided defense and indemnification by the
school district, county office of education or charter school
for any and all civil liability. This information shall be
reduced to writing, provided to the volunteer and retained in
the volunteer's personnel file.
(h) Accommodations notice.--If there are no volunteers, the
school or charter school shall notify the pupil's parent or
guardian of the option to be assessed for services and
accommodations guaranteed under section 504 of the
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Rehabilitation Act of 1973 and the Individuals with Disabilities
Education Act.
(i) Creation of program.--A school district, county office
of education or charter school that elects to participate as
specified under subsection (b) shall have in place a school
district, county office of education or charter school plan that
includes all of the following:
(1) Identification of existing licensed staff within the
district or region who may be trained in the administration
of emergency medical assistance. The school district or
charter school shall consult with the county office of
education to obtain this information.
(2) Identification of pupils who may require the
administration of emergency medical assistance.
(3) Written authorization from the parent or guardian
for a nonmedical school employee to administer emergency
medical assistance.
(4) The requirement that the parent or guardian be
notified by the school or charter school if the pupil has had
an emergency anti-seizure medication administered within the
past four hours on a school day.
(5) Notification of the parent or guardian, by the
school or charter school administrator or, if the
administrator is not available, by another school staff
member, that an emergency anti-seizure medication has been
administered.
(6) A written statement from the pupil's health care
practitioner that includes:
(i) The pupil's name.
(ii) The name and purpose of the medication.
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(iii) The prescribed dosage.
(iv) Detailed seizure symptoms, including frequency,
type or length of seizures that identify when the
administration of emergency medical assistance becomes
necessary.
(v) The method of administration of anti-seizure
medication.
(vi) The frequency with which the medication may be
administered.
(vii) The circumstances under which the medication
may be administered.
(viii) Any potential adverse responses by the pupil
and recommended mitigation actions, including when to
call emergency services.
(ix) A protocol for observing the pupil after a
seizure, including whether the pupil should rest in the
school office, whether the pupil may return to class and
the length of time the pupil should be under direct
supervision.
(x) Following a seizure, the pupil's parent or
guardian and the school nurse shall be contacted by the
school or charter school administrator or, if the
administrator is not available, by another school staff
member to continue the observation plan as established in
subparagraph (ix).
(j) Compensation.--A school district, county office of
education or charter school that elects to allow volunteers to
provide emergency medical assistance shall compensate a
volunteer, in accordance with that employee volunteer's pay
scale, when the administration of emergency medical assistance
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requires a volunteer to work beyond the volunteer's normally
scheduled hours.
(k) Guidelines.--
(1) The department, in consultation with the United
States Department of Health and Human Services, shall develop
guidelines for the training and supervision of school and
charter school employees in providing emergency medical
assistance and shall post this information on the
department's publicly accessible Internet website by July 1,
2022.
(2) The guidelines may be developed in consultation with
interested organizations.
(3) Upon development of the guidelines, the department
shall approve the guidelines for distribution and shall make
the guidelines available upon request.
(l) Best practices.--The department shall include, on the
department's publicly accessible Internet website, a
clearinghouse for best practices in training nonmedical
personnel to provide emergency medical assistance. The following
shall apply:
(1) Training established as specified under this
subsection shall include all of the following:
(i) Recognition and treatment of different types of
seizures.
(ii) Administration of an emergency anti-seizure
medication.
(iii) Basic emergency follow-up procedures,
including a requirement for the school or charter school
administrator or, if the administrator is not available,
another school staff member to call the emergency 911
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telephone number and to contact the pupil's parent or
guardian. The requirement for the school or charter
school administrator or other school staff member to call
the emergency 911 telephone number may not require a
pupil to be transported to an emergency room.
(2) Techniques and procedures to ensure pupil privacy.
(3) Any written materials used in the training shall be
retained by the school or charter school.
(4) Training established as specified under this
subsection shall be conducted by one or more of the
following:
(i) A physician and surgeon.
(ii) A physician assistant.
(iii) A credentialed school nurse.
(iv) A registered nurse.
(v) A certificated public health nurse.
(5) Training provided in accordance with the
manufacturer's instructions, the pupil's health care
provider's instructions and guidelines established as
specified under this section shall be deemed adequate
training for purposes of this section.
(m) Reporting and records.--
(1) The school or charter school administrator or, if
the administrator is not available, another school staff
member shall notify the credentialed school nurse assigned to
the school district, county office of education or charter
school if an employee at the school site provides emergency
medical assistance.
(2) If a credentialed school nurse is not assigned to
the school district, county office of education or charter
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school, the school or charter school administrator or, if the
administrator is not available, another school staff member
shall notify the superintendent of the school district or the
superintendent's designee, the county superintendent of
schools or the county superintendent of schools' designee and
the charter school administrator or the charter school
administrator's designee, as appropriate, if an employee at
the school site provides emergency medical assistance.
(3) A school or charter school shall retain all records
relating to the administration of an emergency anti-seizure
medication while a pupil is under the supervision of school
staff.
(n) Required materials.--The pupil's parent or guardian
shall provide all materials necessary to provide emergency
medical assistance. A school or charter school may not be
responsible for providing the necessary materials.
Section 2. This act shall take effect immediately.
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